PIL instrument(s)
Brussels IIa
Case number and/or case name
III Nsm 417/14 (Sąd Rejonowy dla Wrocławia Śródmieście we Wrocławiu)
Details of the court
Poland, First Instance
Articles referred to by the court
Brussels IIa
Article 12
Paragraph 3 SubParagraph a
Paragraph 3 SubParagraph b
Article 15
Paragraph 1 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 5
Date of the judgement
14 December 2015
Appeal history
None
CJEU's case law cited by the court
None
Summary
The Polish court started ex officio proceedings relating to the determination of parental authority. The court stated that it had jurisdiction under Article 12 par. 3 of the Brussels II bis Regulation because the child is Polish and his mother, who is a single parent, accepted the jurisdiction. Subsequently, the Polish court stated that, according to Article 15 par. 1 of the Brussels II bis Regulation, the German court would be better placed to hear the case because the child had its habitual residence in Germany. The court found that the child lived in Germany with German citizens who wanted to adopt him, as the mother stated that she was not interested in raising the child. The mother, pursuant to Article 15 par. 2 of the Brussels II bis Regulation accepted the transfer to the German court. The Polish court requested the German court to assume jurisdiction. The German court accepted jurisdiction according to Article 15 par. 5 of the Brussels II bis Regulation.

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